Penuel v. Hiatt

Judge JOHNSON

concurring in the result.

I concur in the result reached by the majority opinion but write separately because I believe the majority misperceives the holding of In re Austin, 5 N.C. App. 575, 169 S.E.2d 20 (1969).

This Court in Austin stated the following:

We think that if a petitioner is unlawfully and illegally denied a license upon a hearing on a petition for reinstatement of his license, the judge of the Superior Court, upon proper allegations in a petition and proper notice to the respondent as provided in G.S. [sec.] 20-25 is authorized to take testimony, examine into the…